A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS

OCTOBER 9, 1984

The Lake County Board of County Commissioners met in regular session on Tuesday, October 9, 1984, at 9:00 a.m. in the Board of County Commissioner's Meeting Room, Lake County Courthouse, Tavares, Florida. Commissioners present at the meeting were: Glenn C. Burhans, Chairman; James R. Carson, Jr.: C. A. "Lex" Deems; Claude E. Smoak, Jr.: and Thomas J. Windram. Others present were: James C. Watkins, Clerk; Michael C. Willett, County Administrator; Robert L. Wilson, Finance Director: Christopher C. Ford, County Attorney; and Toni M. Austin, Secretary.

Mr. Watkins gave the Invocation and the Pledge of Allegiance was led by Commr. Carson.

MINUTES

Discussion occurred regarding the Ordinance amending the Fire District Ordinances. At this time Commr. Smoak requested clarification of line 21 on page 16 of the October 2, 1984, Minutes and directed Chris Ford to look into those people who are transporting without a Certificate of Need and those people who are transporting with a Certificate of Need, and to be sure they are legally covered by the County to be in agreement with what the hospital district and the medical officer require.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved the Minutes of October 2, 1984, subject to the listening of the tape for clarification on the above issue.

COURTHOUSE

Mr. Watkins informed the Board that a picture of Fred Cross and a picture of H. H. Lightfoot, former County Commissioners, do not hang in the Old Courthouse. He recommended to the Board that the pictures be located and made part of a ceremony.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved the request from Mr. Watkins for the locating and hanging of the pictures.

BONDS - CONTRACTOR

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following Contractor Bonds:

#OOOl-85 Claude L. Cole, Specialty Contractor (Carpentry)

# 142-85 Henry F. Purvis, Master Plumber

# 449-85 Jack W. Eichenburg, Pool

# 631-85 Charles G. Hall, Painting

#1251-85 Arthur D. Yerkes, Building Contractor - Class C

#1453-85 John E. Slater d/b/a John E. Slater Custom Homes, Res.

Bldg.

#1554-85 Frank Lopez d/b/a American Roofing & Waterproofing,

Inc., Roofing

#1652-85 Kenneth E. Hastings, Heating & Air Conditioning

#1707-85 Farley's S. R. P., Inc., Air Conditioning and Heating

#0083-85 Tropic Builders, Inc., General Contractor

#2021-85 Raymond P. Hottinger, Residential Bldg. Contractor #103

#3052-85 Paul J. Meli, General Contractor, Class A

#3073-85 Douglas W. Guice and James E. Guice, Plumbing

#4009-85 Counts Roofing, Inc., John S. Counts, Roofing & Carpentry

#4042-85 Lankford Plumbing, Inc. & George Lankford, Ind., Plumbing

#4108-85 Neville Lynn Harden dba Harden-West Electric, Inc.,Electrical

#4117-85 Donald Heard, Electrical Contractor

#4127-85 Lawrence S. Banks dba Drage Air Systems, Inc., Class B Mech.

$4170-85 Russell S. Hoffmann, Residential Building

#4171-85 Simplex, Inc., Aluminum

#4172-85 Cecil E. Rhodes, Heating and Air Conditioning

#4174-85 B. Terence Quigley, 104 - Master Electrical

REPORTS

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board acknowledged receipt of the Distribution of Revenue, Traffic/Criminal Cases for the following weeks:

September 7, 1984 ($10,879.89) September 14, 1984 ($15,676.89)

September 21, 1984 ($9,697.03) September 28, 1984 ($9,130.37)

BUDGETS/FIRE DISTRICTS-FIRE DEPARTMENTS/RESOLUTIONS

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the Resolution adopting the 1984-85 budget for the Northwest Lake County Fire District, and the Resolution adopting the 1984-85 tentative millage for the Northwest Lake County Fire District.

BUDGETS/FIRE DISTRIC'IS-FIRE DEPARTMENTS

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board acknowledged receipt of the budget for the Mount Plymouth Fire Control District, Fiscal Year Ending September 30, 1985.

AMBULANCES-HOSPITAL DISTRICTS/CONTRACTS, LEASES AND AGREEMENTS

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved and authorized the Chairman to sign the 1984-85 Contract between the State of Florida Department of Law Enforcement Medical Examiners Commission and Lake County for Medical Examiner funds.

CLERK/COURTS-JUDGES

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board accepted the check from James C. Watkins, Clerk, for State Witness Fees in the amount of $8,604.92, for the third quarter of the Circuit and County Court in Lake County, July 1, 1984, through September 30, 1984.

PUBLIC WORKS

Discussion occurred regarding the placement of warning signs pertaining to the citrus canker. Commr. Smoak stated that the Sheriff of Lake County was requesting an additional 1,000 signs, and at the present over 8,000 signs had been printed and distributed. He informed the Board that the cost was 14c per sign.

Kathy McDonald, Assistant to the Public Work's Director, informed the Board that approximately $1,100 has been spent printing the signs.

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved for the printing of an additional 5,000 warning signs pertaining to the citrus canker.

COUNTY ADMINISTRATOR'S AGENDA

ASSESSMENTS

Michael C. Willett, County Administrator, discussed with the Board a request that he had received from Inez Purdy regarding another alternative for raising the cash money for the Special Assessment in Sorrento Shores Subdivision. He stated that she had been unsuccessful in obtaining signatures on the petition to agree to share in the cost of the other owner's assessment, which amounts to $7,500. He further stated that she was trying to raise the money from people who would not be assessed, but would utilize the road.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved a mandatory lien assessment on Harbor Way and Windward Avenue in the Sorrento Shores Subdivision.

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY

Mr. Will Davis, Executive Director of the Lake County Water Authority, appeared before the Board and reported that this was the first year that the County has participated in the State Aquatic Plant Control Funding Program, (16C-50, F.A.C.).

Mr. Davis informed the Board that the State had allocated 18% of their request which is a program for local lakes.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved and authorized the Chairman to sign the State Aquatic Plant Control Funding Program (16C-50, F.A.C.) contract for the Fiscal Year 1984-85.

WATER AUTHORITY

Mr. Davis, Executive Director of the Lake County Water Authority, appeared before the Board to discuss the Lake Harris situation. He stated that permits have been issued for the use of sonar next year in the lakes. Mr. Davis stated that there are questions concerning the use of sonar and it having a detrimental impact on other plants. He stated that 95% of the hydrilla problem has been controlled in Lake Yale and the lake will have a yearly maintenance. Mr. Davis discussed the use of a pellet called "Black Charm" in Lake Harris.

Mr. Davis informed the Board that the Water Authority was in the process of educating the public about their objectives.

CONTRACTS, LEASES & AGREEMENTS/WATER AUTHORITY

Mr. Davis appeared before the Board to discuss the

Cooperative Aquatic Plant Control Program Agreement for the Fiscal Year 1984-85.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board approved and authorized the Chairman to sign the Cooperative Aquatic Plant Control Program, DNR Contract N O . C2427. for the Fiscal Year 1984-85, as presented by Mr. Davis.

PERSONNEL

Mr. Glenn Timmons, Director of Personnel, appeared before the Board to discuss the revised Personnel Rules and Regulations. At this time Mr. Timmons informed the Board of a recommendation made by Mr. Michael C. Willett, County Administrator, to substitute Washington's Birthday with each individual employee's birthday as a day off.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board approved the revised Personnel Rules and Regulations as presented by Mr. Timmons, and the

recommendation made by Mr. Willett for each individual employee to have his/her own birthday off in place of Washington's Birthday.

FIRE DISTRICTS-FIRE DEPARTMENTS/CONTRACTS, LEASES & AGREEMENTS/PERSONNEL

Commr. Smoak informed the Board that he has been meeting with the local fire departments and fire chiefs and that one consistent question has been asked at each meeting; a fire coordinator in the County to help put together Countywide fire protection. He informed the Board that Astatula and Mascotte signed an Interlocal Agreement, enabling the municipalities to extend fire protection outside their boundaries. He stated that Howey and Eustis spoke in favor of it, but have not signed an Agreement. At this time Commr. Smoak recommended that the Board request the County Administrator and Mr. Timmons, Personnel Director, prepare a job description for an individual who has the ability and the training and expertise necessary, and the qualifications in terms of licensing to perform a joint function, being the fire inspector and a coordinator with the necessary capabilities in coordinating the expansion of county-wide fire protection.

Commr. Smoak made a motion, which was seconded by Commr. Deems, requesting the County Administrator and Mr. Glenn Timmons prepare for the Board's consideration a job description for an individual who would meet the needs of a fire inspector/fire coordinator.

Discussion continued regarding one individual performing both job descriptions.

Commr . Smoak stated that one definite problem indicated by all volunteer companies and cities was the transport of water. He further discussed territorial coverage by the fire departments, and questions that were asked of him at his meetings with the departments.

Commr , Smoak reported that most of the volunteer departments have requested that the County and the County Attorney's Office assist and actually prepare a standarized contract for them to work outside of their city limits. He stated that included in that contract would be language indicating the ability of that particular department to respond, which he stated he would work with Chris or Sandy in devising the correct language.

The Chairman called for the question and the motion was carried unanimously.

It was clarified that the Board was looking for

recommendations from the County Administrator and Mr. Timmons as to the hiring of one or two individuals.

Mr. Charlie Taylor, Building Official, appeared before the Board and stated that, after meeting with the fire chiefs, it appeared the main problem was not so much with the new construction, but with the follow-up of life safety codes after a period of time had lapsed. He further stated that the Building Department did not do follow-up inspections, but that they were needed. Mr. Taylor stated that they also did not agree on some of the building codes versus life safety codes. It was understood that no green tag was issued for occupancy until all of the code requirements were met.

Mr. Willett stated that the Fire Marshall in Orlando covers all of Central Florida, which the County's present Ordinance puts the responsibility on the Fire Marshall to enforce the fire codes.

Mr. Willett discussed the different building structures and the fire coverage.

Commr . Smoak stated that the Mount Dora Fire Chief will recommend to his safety council an area for the City of Mount Dora to expand, and that he has no problem with the contractual agreement that has been presented, but would require, before he could recommend it to his safety council, that the City of Mount Dora be authorized to do the safety inspections just as they do in their city limits.

Discussion occurred regarding the addition of an addendum to the contract. Chris Ford, County Attorney, stated that there would be a problem with the delegation of authority and duty of the County to someone else, and that he felt that they were more concerned with the life safety codes.

Mr. Willett stated that he felt there would be problems with the interpretation of the codes.

Mr. Ford stated that if the City was allowed to make the inspections, the contract would have to include wording that the final interpretations of codes would be determined by the County.

Discussion occurred regarding inexperienced people being permitted to inspect, and the State Fire Marshall designating such individuals.

It was the feeling of the Board that something could be worked out regarding the accomodation of inspections and the enforcement remaining with the County.

ROADS-COUNTY AND STATE

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board approved the Maintenance Map of Radio Road #l-5433 for recording.

ACCOUNTS ALLOWED/AGRICULTURE CENTER

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board approved the purchase of a

teleprinter for the Agriculture Center at a cost of $980.00.

ROADS-COUNTY AND STATE

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request from DOT to install railroad crossing protective devices at Whitney Road #2- 603, and for the County to pay half the maintenance cost after the installation is completed.

ACCOUNTS ALLOWED/ROAD PROJECTS

On a motion by Commr. Carson, seconded by Commr. Windram and carried unanimously, the Board approved the following payments:

1. Partial payment #3 to Hewitt Contracting Company for Project No. 8-84 on Emeralda Island Road #5-7528 in the amount of $10,275.30.



2. Partial payment #2 to Trac Roadbuilders Inc. for Project No. 9-84 in Minneola in the amount of $86.044.90.



DEEDS/ROADS-COUNTY AND STATE

On a motion by Commr. Deems, seconded by Commr. Carson and carried unanimously, the Board accepted the following Right-of- way Deeds:

1. Robert W. and Elizabeth Rusch - Emeralda Island Road #5- 7528



2. Sun First National Bank of Lake County, Trust #370 - Emeralda Island Road #5-7528



3. John P. and Hazel D. Reeder - Eaglesnest Road #l-6611

4. Lake Saunders, Inc. - Bay Road #4-4260

5. Rand Glass Company - Bay Road #4-4260

ACCOUNTS ALLOWED/POLLUTION CONTROL

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board approved the request for Paulette Muller, Pollution Control Director, to attend the Annual Conference on Water Management in Florida, being held in Tallahassee, Florida, from October 25 to October 26, 1984, at an anticipated cost of $200.00.

BONDS - MOBILE HOME

On a motion by Commr. Windram, seconded by Commr. Carson and carried unanimously, the Board approved the request from Sara J. Turner, Orlando Hills Area, District #4, to live in a mobile home on the same piece of property on which her conventional dwelling unit is being built, subject to the proper bonds being posted and with the stipulation that the mobile home will be removed upon completion of the conventional dwelling unit or upon the request of the Board of County Commissioners.

MUNICIPALITIES/ROADS-COUNTY AND STATE

Michael C. Willett, County Administrator, discussed with the Board a change order for the City of Minneola on a section of Grassy Lake Road. He stated that there is 622 feet of waterline running where the County is paving. He further stated that it was the policy for the City Utility Department to pay to move the line, but after corresponding with the City of Minneola, they stated that they did not have the money and the City's Public Work's Director was going to talk to the mayor. Mr. Willett stated that he has not received a response. He further stated that it would cost $2,820, and that the City of Minneola wanted to increase the 2-inch line to a 4-inch line and pay the $770 difference.

It was the feeling of the Board that the County should deny the request for a change order.

OUTDOOR RECREATIONAL FACILITIES/ZONING

Michael C. Willett, County Administrator, addressed the Board concerning the Astor Boat Ramp. He informed the Board of the following proposal received from Mr. Tworcger:

1. Astor-St. Johns Marine, Inc. would encroach on the right-of- way by 15' x 120'. The area is divided by a 40' turnaround area that would be kept open. 15' x 120' -- 1800 sq ft



2. We would encroach by 20' x 160'. 20' x 160' -- 3200 sq ft

TOTAL ENCROACHMENT 5000 sq ft

3. For public parking, we would keep open

an area 137' x 41'. This area would

accommodate parking of approximately

16 cars and trailers. This area also

will accanmodate at least twice as

much parking as if vehicles were

allowed to park parallel on both

sides and provide egress to our

properties. 137' x 41' -- 5617 sq ft

Discussion occurred regarding not accepting Mr. Tworoger's proposal and requesting him to keep the right-of-way clear.

Mr. Willett stated that an affirmative agreement should be made regarding the moving of the road and Mr. Tworoger not using it for his private use. He stated that the cost would be

approxiately $10,000 if the work was contracted out by the County for the moving and reconstruction of the road.

Discussion occurred regarding Mr. Tworoger paying the costs, with the County having exclusive use of the parcel for parking.

Sandy Minkoff, County Attorney's Office, stated that he had no problem with the CP requesting Mr. Tworoger to improve the road and change the location of the road, but that the legal problems would be the use of the land and the right-of-way. He stated that it may take the vacation of those portions of right- of-way in exchange for the deed of the other property.

Mr. Minkoff stated that one of the problems that the opposition might have is that it will probably take a vacation of that right-of-way which is permanent. He suggested obtaining a Warranty Deed with a title check to be sure that the County has possession and ownership of the other property.

Mr. Willett recommended not postponing the rezoning case, because he did not feel that it should be returned to the Planning Commission.

RECESS & REASSEMBLY

At 11:44 a.m. the Chairman announced the Board would recess for lunch. The Board reconvened at 2:00 p.m. for Rezoning.

REZONING

Mr. Jerry Sexton, Director of Development, introduced to the Board Mr. Richard Yardley, Land Development Manager.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board approved the following postponements by the Planning and Zoning Commission until November 13, 1984, at 2:00 p.m or as soon thereafter as possible:

#135-84-2 Panacea Timber

CUP #934-2 Panacea Timber

#140-84-5 Grady Whitlock

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the withdrawal of Case No. 138-84-4/5, Baker Groves.

PUBLIC HEARING #116-84-3 A to ER Stanco, Inc.

No one in the audience wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the rezoning from A (Agriculture) to ER (Estates Residential).

PUBLIC HEARING CUP #638B-4 Revocation or Amendment of CUP

#638B-4 in A Edward Ward

Mr. C. J. Smith, Attorney representing approximately 21 families in the vicinity of the chicken farm, appeared before the Board and presented objections to the case. Mr. Smith stated that his clients were agricultural people and understand the problem of the odor, but are unable to accept it, and stated the following problems:

1. The history shows that Mr. Ward has not carried on good management practices at the farm.



2. The wet system with experts stating that wet systems are not recommended.



3. This condition granted Mr. Ward's CUP to go from 30,000 to 90,000 chickens two years ago, which as tripled the problem.



At this time Mr. Smith discussed different laws and correspondence received.

Mr. Smith requested that Mr. Ward be held to his application made in 1982, and not till the manure under. He stated that it had been recommended by Professor Baldwin, University of Florida, that the manure be applied at a rate not to exceed five (5) tons per acre; and if Mr. Ward cannot follow that rate, that he should incorporate the manure into the soil; and if he cannot do that, he should transfer it to an area which is remote from residences. Mr. Smith further stated that from an odor standpoint and from a nitrogen pollution standpoint, there was a problem with the one (1) inch standard for the spread of the manure.

Mr. Buzz Bowen, Attorney representing Mr. Ward, appeared before the Board and stated that they have no problem with deleting the one inch requirement.

Mr. Smith stated that Professor Baldwin indicated that, because of the nitrogen pollution problem, you cannot put more than 22 tons per acre per year of manure. At this time Mr. Smith requested that the five (5) tons of manure per acre application be placed each time and also state a limitation of 22 tons of manure per acre per year. He further requested that the manure be tilled under if it is going to be spread within a three mile range of the farm.

Mr. Smith stated that the staff had recommended the spreading of the manure during the morning hours and that nothing be spread during the afternoon or evening hours.

Mr. Smith requested that the following recommendations be made to the proposed CUP:

Page 3, Paragraph e., Use of Pesticides to Control Fly Population,

DELETE: "If it is determined that scraping two (2) times per week does not effectively control the adult fly population".



Page 3, Paragraph e., Use of Pesticides to Control Fly Population, ADD: Number e.2, "Barbarcides should be applied in wet areas when needed, spray of beltacides should also be applied when needed, especially on rafters of the cage houses."



Page 4, 2.b., Dry System,

DELETE: "condition" 3(b)

ADD: "condition" f.l(c)

At this time it was determined that paragraph C should not be included and that the Land Spreading paragraph should be incorporated.



Page 5, 5.2, Inpsection of Operation,

ADD: "amount of manure and the amount of acreage that is being used for the spreading". If both are not used, one should be placed.



Page 7, Paragragh d, Construction

DELETE: the first five and one half (5 l/2) lines

ADD: Request for wet and dry manure not to be mixed.

Mr. Bowen informed the Board that they did not object to the one inch spreading and the striking of the first five lines on page 7.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend the CUP to delete the first five lines on page 7 concerning the time and beginning of operation.

Jerry Sexton, Director of Development, discussed the concerns that the staff had concerning the spreading of manure at a depth not to exceed one (1) inch.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to amend the CUP to delete on page 3, Land Spreading, Paragraph 1, "at a depth not to exceed one (1) inch".

Mr. Bowen stated that Mr. Ward is now pushing manure twice a week. He further stated that the market has removed the most effective pesticide, and that Mr. Ward has tried to comply with all requests.

Mr. Bowen discussed with the Board the letter received from Professor Baldwin and objected to having to incorporate into the soil within a three mile radius. He stated he felt that if his client should have to incorporate in such a manner, an Ordinance should be adopted treating all people that produce this type of waste the same. He further stated that he was willing to accept the CUP as written and recommended by the staff.

Commr . Smoak stated that the CUP was the most stringently written, and most encompassing conditional use permit that has ever been presented by this County.

Mr. Bowen stated that Mr. Ward has neighbors within the three mile radius that want the spreading, and that the spreading was the only wet spreading in Lake County.

Mr. Smith stated that he would compromise and limit the spreading within a two mile radius and that it would have to be tilled.

Mr. Bowen stated the following recommendations to the proposed CUP:

Page 3, Paragraph e., Use of Pesticides to Control Fly Population, DELETE: "If it is determined that scraping two (2) times per week does not effectively control the adult fly population".



Commr , Smoak stated that it was his feeling that the paragraph was appropriate the way it was written, with Mr. Smith stating his rebuttal regarding the application of pesticides.

Paulette Muller, Director of Pollution Control, addressed the Board stating that there is a tremendous difference between the wet and dry process of spreading manure and the operation of the business in the summer and winter, and that being the main reason behind the depth requirement.

Mrs. Muller recommended to the Board that Mr. Ward be requested to work closely with the Soil Conservation Service. She stated that Mr. Mark Burgess is aware of someone in South Lake County who wants the manure. She further discussed a letter written to Mr. Ward from the Department of Environmental Regulations regarding a permit required for the number of chickens and the type of operation owned by Mr. Ward. She stated that the letter requested Mr. Ward to work with Soil Conservation and to reply to the letter within 30 days. She further stated that the letter requested that Soil Conservation certify that he is in compliance.

Mrs. Muller stated that she has noticed a big difference since Mr. Ward has begun pushing manure twice a week and recanmends the proposed CUP.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board approved the adoption of the CUP as amended by the Board and upheld the recommendation of the Planning Commission and approved the amendment of CUP #638B-4 in A (Agriculture) to enable a chicken farm operation to comply with conditions of CUP #638B-4.

At this time Commr. Smoak requested that Mr. Ward and Mr. Bowen meet with Mr. Burgess from Soil Conservation, and Mr. Burgess report back to the Board on any areas which he may be of assistance to Mr. Ward in finding suitable disposal areas for the manure he generates.

PUBLIC HEARING #149-84-4 LM to A Phil Williams Coal Co.

Mr. Barney Dillard, Eustis, owner of 160 acres next to the property being rezoned, appeared and requested the Board to reconsider the action taken on this zoning case should the following CUP be denied.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the rezoning from LM (Light Manufacturing) to A (Agriculture) for the extraction and distribution of clay and sand.

PUBLIC HEARING CUP #929-4 CUP in A Phil Williams Coal Co.

Mr. Barney Dillard, adjacent property owner, appeared before the Board to object to the denial. He stated that Dillard Grove Service is operating a company called Lake Contracting, who will be doing the site work. At this time Mr. Dillard explained the procedures that would be used for the extracting and distribution of the clay and sand. Mr. Dillard stated that he would have no objections regarding a stricter CUP being written, but that he objected to page 2, D.2, Roads, "The Penittee shall provide road paving on Robie Avenue (4-3880) as deemed necessary by the Director of Development and the Director of Public Works".

Mr. Ernest Quinton, Mt. Dora, addressed the Board regarding Robie Avenue and stated that the road was strictly an access road that was given by the people so that they could get back and maintain their fruit in the back end.

Mr. Dillard stated that he had no objection to repairing the road should it be damaged by his trucks.

Barbara Pickren, owner of ten (10) acres on Robie Avenue, appeared before the Board and stated that she is the owner of a nursery located next door to the property being rezoned. She stated that her family had planned on building a home on the property in the future and feels that if the CUP was approved, it would reduce her property value. She further stated her concerns regarding damage and supply of water, which is essential in their business. Mrs. Pickren was also concerned about the safety for the children in the area. At this time Mr. Dillard answered Mrs. Pickren's questions.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to add to the CUP, based on the commitment of the Petitioner, the clay portion of the road be maintained at the Petitioner's expense in a manner suitable for the traffic it handles.

Mr. Dillard informed the Board that approximately 300,000 yards of clay would be removed from the property.

Discussion occurred regarding Page 3, I, regarding the assurance that the operation will not permanently lower the natural water table of the surrounding property, and fencing of the operation for safety.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved for the proposed CUP to be amended on Page 2, C. Reclamation to include a copy of the plan, which Mr. Dillard has furnished to the Commission and that it be the stated reclamation plan.

Mr. W. R. Buster Hancock, Leesburg, representing the Westgate properties, appeared before the Board in opposition of the CUP. Mr. Hancock stated that Mr. Simpson contacted him and wanted the Board to know that he also opposed the CUP. Mr. Hancock stated that he owns 1,000 acres on the south side of the proposed site He stated that he felt that if Mr. Dillard received more orders for clay, he would continue to extract clay as long as people wanted it.

Mr. George Panoff, property owner, appeared before the Board and stated his concerns for the truck traffic, the width of the road for proper usage, safety for the children, and the reduction of his property value.

Mr. Quinton stated that the county maintained road was poorly maintained, and that it is not wide enough for trucks. He stated that he does not object to Mr. Dillard but objects to a mining operation.

Mr. Dillard stated that the people objecting have a misconception of his operation. He stated that the property is on the Orange County line. He further stated that the road would not be any better in Light Manufacturing with the travel of trucks still being involved. Mr. Dillard stated that he did not feel that he would be lowering the land value and requested that more restrictions be placed on the CUP.

Discussion occurred regarding Mr. Dillard postponing the CUP case until he could discuss the case with the neighboring people. Discussion continued regarding the responsibilities by all parties involved.

Mr. Quinton stated that Mr. Simpson owns the entire clay road on the north side, and the Pickrens and himself own approximately one half of the clay road on the south side, and the clay road is not a County road.

On a motion by Commr. Windram, seconded by Commr. Deems and carried, the Board upheld the recanmendation of the Planning Commission and denied a CUP in A (Agriculture) for the extraction and distribution of clay and sand.

Commr. Burhans and Commr. Smoak both voted "no".

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to reconsider rezoning case $149-84-4, Phil Williams Coal Company.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board approved to return rezoning case #149-84-4, Phil Williams Coal Company, to its original zoning of LM (Light Manufacturing).

PUBLIC HEARING #122-84-3 A to C-l Olin Fischer

No one in the audience wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the rezoning from A (Agriculture) to C-l (Rural or Tourist Commercial) to bring the existing restaurant and shop into compliance.

PUBLIC HEARING #139-84-5 Amendment of an existing CP Peter Tworoger

Mr. Ralph Reeder, Astor, appeared before the Board to object to the amendment of the existing CP zoning. He stated that he has tried to obtain a site plan and has been unsuccessful. He discussed the boat lift that Mr. Tworcger built without a permit, and conditions that he has not met on the existing CP.

Mr. Tworoger, Petitioner, appeared before the Board and discussed his long-range plans and his proposal.

Michael C. Willett, County Administrator, stated that the proposal involving the encroachment was evaluated by the staff and it does not show that there would be any more parking area than what exists. Mr. Willett stated that Mr. Tworcger had been requested to have a professional draw up a site plan to submit to the staff for review, but as of the present has not done so.

Discussion occurred regarding parking and the boat ramp. Mr. Willett stated that Mr. Tworoger is required to supply to his customers with off-street parking, which he has not done. He further stated that Mr. Tworoger was requesting a change in the CP to allow expansions that he has already made on the property.

Mr. Fred Morrison, Attorney representing Mr. Tworoger,

discussed the background concerning the problems that are now existing and the proposal now being presented. Mr. Morrison stated that a compromise would make the ramp more available to the public, and Mr. Tworoger would continue to provide a trash bin and would continue mowing the 84' right-of-way.

Mr. Reeder stated that he wanted to see the County keep the 84' right-of-way.

Mr. Morrison requested that the Board give Mr. Tworoger tentative approval of the County's proposal, as presented by Mr. Willett, subject to Mr. Morrison and Mr. Tworoger going to Mr. Ford and Mr. Minkoff's Office and working out satisfactory details to bring back to the Board.

It was the feeling of the Board that a postponement would be better.

On a motion by Commr. Carson, seconded by Commr. Deems and carried unanimously, the Board amended the motion for the postponement of Case #139-84-5, Peter Tworoger until December 4, 1984, at 2 p.m. for a public hearing. Included in the motion the Board approved a public hearing to be held at the Astor Community Building with the Planning and Zoning staff and all interested parties. Mr. Willett was directed by the Board to publicize the public hearing, if the details were in order.

PUBLIC HEARING CUP #942-5 CUP in A Donald Wiggins

No one in the audience wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the Conditional Use Permit in A (Agriculture) for special housing for an additional residence.

PUBLIC HEARING CUP #940-4 CUP in A-Julie Guy

No one in the audience wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the Conditional Use Permit in A (Agriculture) for a home occupation of manufacturing and selling handcrafted items.

PUBLIC HEARING CUP #941-4 CUP in A Broyan Masonry, Inc.

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Windram, seconded by Commr. Deems and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved as amended the Conditional Use Permit in A (Agriculture) for a Greyhound fan and training facility.

PUBLIC HEARING #143-84-l C-l to C-2 Maribel Buchs

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the rezoning from C-l (Rural Tourist Commerical) to CP (Planned Commercial) for a marina, boat sales and service, storage and resort facility.

PUBLIC HEARING #145-84-l R-l-7 to CP Ralph Pollard

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from R-l-7 (Urban Residential) to CP (Planned Commercial) for a fish hatchery.

PUBLIC HEARING #141-84-l C-l to CP Robert Nali

Mr. Robert Nali, Petitioner, appeared before the Board and questioned the buffer. He stated that he did not want to obstruct his neighbor's view.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from C-l (Rural or Tourist Commercial) to CP (Planned Commercial) for an aluminum storage warehouse.

PUBLIC HEARING CUP #937-l CUP in A George & Patricia Goodridge

Pat Goodridge, Petitioner, appeared before the Board to discuss the denial. She stated that she has children and animals, and that she was robbed and feels she needs a caretaker's residence, which will be a mobile home where her mother will live. Mrs. Goodridge stated that she owns ten acres, but does not want to subdivide the property and have to clay the road. She further stated that the mobile home would be removed should the property be sold.

Discussion occurred regarding the interpretation of the Subdivision Rules. Mr. Willett stated that special housing is supposed to be used when you have a large agricultural use, and is difficult to be determined by the staff.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board overturned the recommendation of the Planning Commission and approved the Conditional Use Permit in A (Agriculture) for the use of a mobile home for special housing, subject to Mrs. Goodridge's statement that when the mobile home is no longer needed, it will be removed.

PUBLIC HEARING CUP #936-l CUP in A Joseph and Shirley Ezell

Shirley Ezell, Petitioner, appeared before the Board to

discuss the denial. She stated that she had a problem with the uses under a CUP and a home occupation. She further stated that someone had the misconception that she and her husband were going to have a paint and body shop. Mrs. Ezell stated that the business would only involve the storing of antique cars until the parts arrived, which would then be used to restore the car. She stated that she and her husband have been doing this type of hobby for approximately ten years.

Mr. Charles Ray, Fruitland Park, stated that he owns two parcels of land to the west of the Ezell's property. He stated that he felt the CUP requested was for a commercial business and would disturb the zoning of the community.

Mr. Albert Moorely, Lake Jeneva, neighbor of Mr. Ray, stated that the land in the area was residential and objected to commercial property.

On a motion by Commr. Carson, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning Commission and denied the Conditional Use Permit in A (Agriculture) for a home occupation for antique car restoration, but without prejudice.

PUBLIC HEARING CUP #477A-2 Amendment of CUP in A David

Sloan, Jr.

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the amendment of an existing Conditional Use Permit in A (Agriculture) to include a rabbit processing facility.

PUBLIC HEARING #144-84-2 RMRP to CP B & S Mobile Home, Inc.

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Deems, seconded by Commr. Windram and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the rezoning from RMRP (Mobile Home Rental Park Residential) to CP (Planned Commercial) for mini

storage warehouses.

PUBLIC HEARING #151-84-2 R-1-7 to RMRP Ronald Collins

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Deems, seconded by Commr. Smoak and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the rezoning from R-l-7 (Urban Residential) to RMRP (Mobile Home Rental Park Residential) for a 125 unit mobile home park.

PUBLIC HEARING CUP #938-2 CUP in A W. R. Kiser

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Smoak, seconded by Commr. Windram and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the Conditional Use Permit in A (Agriculture) for a transmitter/receiver tower.

PUBLIC HEARING CUP #939-3 CUP in A William Stringfellow

No one in the audience wished to discuss this case with the

Board.

On a motion by Commr. Smoak, seconded by Commr. Deems and carried unanimously, the Board upheld the recommendation of the Planning Commission and approved the Conditional Use Permit in A (Agriculture) for special housing.

PUBLIC HEARING #146-84-3 A to CP Charles Fletcher Bishop, Jr.

Mr. Bishop, Petitioner, appeared before the Board to object to the denial without prejudice. Mr. Bishop explained the setup of the project and stated that the site would accanodate farming on the property. He stated that he planned building his home on the site, and should the business be unsuccessful, the site would be residential.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried, the Board overturned the recanmendation of the Planning Commission and approved the rezoning from A (Agriculture) to CP (Planned Commercial) for the sale of antiques and a restaurant facility.

Commr. Windram voted "no".

Commr. Smoak stated for the record that the CP be written in such a way to reflect the comments made to the Board of County Commissioners by Mr. Fletcher today, specifically that the restaurant will be part in parcel to a uniform structure; that the setback will be in excess of 200 feet from the road right-of- ay: that the parking be to the side/rear, but not to the front of the structure; and that the venture be tied with some onsite agricultural enterprise directly related to the restaurant operation in which Mr. Fletcher indicated he was going to engage.

PUBLIC HEARING CUP #236A-2 Amendment to CUP in A J. R. Bridges

Mr. Bridges, Petitioner, appeared before the Board to discuss information regarding the completion of the necessary forms for his case.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the amendment of an existing Conditional Use Permit in A (Agriculture) to include a sawmill and mulch operation.

PUBLIC HEARING #137-84-3 R-l-7 to A Barbara Harmon

No one in the audience wished to discuss this case with the Board.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recanmendation of the Planning Commission and approved the rezoning from R-l-7 (Urban Residential) to A (Agriculture) for sand extraction.

PUBLIC HEARING CUP #910A-3 CUP in A Barbara Harmon

No one in the audience wished to discuss this case with the

Board.

Commr. Smoak discussed a problem with the location coming off of Hook Street, and feels that the double-surface treatment on the street will not stand heavy truck traffic.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board upheld the recommendation of the Planning Department and approved as amended the Conditional Use Permit in A (Agriculture) for sand extraction, and that an additional term be added stating the ingress and egress be restricted to Highway 50.

PUBLIC HEARING #142-84-3 A to R-1-7 William and Grace

Stosberg, William Bray and Barbara Dickenson

No one in the audience wished to discuss this case with the

Board.

Jerry Sexton, Director of Development, stated the Planning Commission recanmended denial of R-l-7 but approval of R-1-15. He stated that the main objection to R-l-7 was the density.

Commr. Smoak made a motion, which was seconded by Commr. Deems to grant an ER zone to the petitioner.

At this time Commr. Smoak withdrew his motion and Commr. Deems withdrew his second.

On a motion by Commr. Smoak, seconded by Commr. Carson and carried unanimously, the Board approved to postpone this case until November 13, 1984, at 2:00 p.m. or as soon thereafter as possible.

There being no further business to be brought to the attention of the Board, the meeting adjourned at 6:40 p.m.

Glenn C. Burhans, Chairman

Jades C. Watkins, Clerk

TMA/lO-16-84.